Caffeine, Alcohol Drinks Targeted

WASHINGTON -- The Food and Drug Administration is taking aim at caffeinated alcoholic drinks, saying it will pull them off the market unless manufacturers can prove the beverages are safe to drink.

On Friday, the FDA sent letters to nearly 30 companies, giving them 30 days to provide evidence that their drinks don't pose health or safety risks. The FDA hasn't approved the use of caffeine in alcoholic beverages, and companies might have to show that experts generally think mixing caffeine and alcohol is safe for consumers.

The fast-growing segment includes United Brands Co.'s Joose, and Phusion Projects LLC's Four Loko, both flavored malt beverages. "We are taking a look at the legal basis for the marketing of the products," Joshua Sharfstein, the FDA's principal deputy commissioner, told reporters.

A United Brands spokesman said it hadn't received the FDA letter and declined to comment. Phusion Projects didn't respond to requests for comment.

The FDA's action came after 18 state attorneys general sent a letter to the agency in September, raising concerns that the drinks appeal to young people and can foster drunk driving.

Last year, attorneys general reached settlements with
Anheuser-Busch InBev
NV and MillerCoors LLC, which agreed to remove caffeine, guarana -- a tropical berry that is a source of caffeine -- and other stimulants from hot-selling drinks such as Sparks and Tilt. But smaller companies gained market share, and products such as Joose have generated faster sales growth than other alcoholic beverages at convenience-store chains like 7-Eleven.

R. Scott Winters,
chief executive of Prohibition Beverage Inc. in Philadelphia, maker of p.i.n.k., a caffeine-infused spirit, said he hadn't received the letter, but would comply with the request.

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